Jacqueline D. Lipton - Law and Authors: A Legal Handbook for Writers

In the early 2010s, paranormal romance writer J.A. Saare was hitting her stride with two separate series of fantasy titles, alongside a number of popular romances published under the pen name Aline Hunter. The romance titles, published by the independent press Elloras Cave, comprised the bulk of her sales, while her self-published work was achieving a growing fandomnotably, a vampire romance series, Rhiannons Law. When she initially published the third book in that series, she included an authors note explaining to her readers that, due to the increase in digital piracy, she was considering ending the series prematurely. It didnt make financial sense for her to keep writing the books when she couldnt control the piracy.

Subsequently, Elloras Cave hit some money problems of its own and eventually closed down, removing one of Saares more reliable income streams. Ultimately, she got her rights back from Elloras Cave, and she later found new publishers for most of her work. However, her challenges in the publishing world were not unusual, particularly when it comes to self-publishing, or publishing with a smaller or less established press. And Saare had an advantage over many other authors because she understood her legal rights and knew how to get her rights back from her publisher.

Not all authors, agents, or even editors have a thorough grasp of the legal landscape of the modern publishing world with its increased digitization and globalization. This is not surprising. The laws related to the creative arts have always been complex, often providing little clear guidance in any given situation. The sudden rise of digital technology in the early twenty-first century only added to the confusion. Even lawyers have a hard time with the finer points of digital copyright law, fair use, digital contracts, and rights related to free speech and defamation, so its no surprise that authors get confused.

The book youre holding in your hands (or reading on your device) is a simple resource for writers and other publishing professionals who want to know more about their legal rights and responsibilities. As a regular speaker on these issues, Ive realized that writers, in particular, have surprisingly few places to go for answers to basic legal questions. Some of the most common questions include the following:

Can I quote song lyrics in my novel?

(How much) am I allowed to write about real people?

Can I protect an idea for a story I havent written yet?

Can I trademark my book title?

When and how should I register copyright in my book?

Do I have to include a notice on my work?

Is fanfiction fair use? What about parody? How about educational use?

If you find yourself embroiled in a serious legal battleand I hope you never doyou may need formal legal advice or representation. However, if youre simply going about your writing business, and concerned about how the law impacts you on a day-to-day basis, this book will give you information, and hopefully also some comfort, about the kinds of things you should and shouldnt have to worry about.